We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more
1/4/2022
/ Attorney's Fees ,
Damages ,
Lanham Act ,
Likelihood of Confusion ,
Merchandising Rights ,
Name and Likeness ,
Permanent Injunctions ,
Statutory Damages ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A long-running battle between Deckers Outdoor Corp., the makers of UGG boots, and Australian Leather PTY Ltd. may finally be over after a May 7 ruling by the United States Court of Appeals for the Federal Circuit. The battle...more
5/25/2021
/ Appeals ,
Counterclaims ,
Doctrine of Equivalents ,
Foreign Equivalency Determination ,
Generic Marks ,
Intellectual Property Protection ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Willful Infringement
NBA superstar and reigning NBA MVP Giannis Antetokounmpo recently filed a series of trademark infringement lawsuits in the Southern District of New York against online retailers and their operators. In the lawsuits,...more
In a dispute between two fruit product manufacturers concerning whether the phrase “Fruit is Our 1st Ingredient” is protectable as a trademark the parties initially litigated the application of the “first-to-file” rule where...more
On May 20, 2019, the U.S. Supreme Court settled the question of whether licensees under trademark agreements rejected by bankruptcy debtors may continue to use licensed marks. In a highly anticipated decision in Mission...more
5/22/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The U.S. Supreme Court has resolved a circuit split regarding the effect of a debtor-licensor’s rejection of a trademark license pursuant to the Bankruptcy Code. The Court’s decision is good news for trademark licensees, as...more
5/21/2019
/ Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
IP License ,
License Termination ,
Licensees ,
Manufacturers ,
Mission Product Holdings Inc v Tempnology LLC ,
SCOTUS ,
Section 365 ,
Trademark Licenses
In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more
5/14/2019
/ Bankruptcy Code ,
Certiorari ,
Commercial Bankruptcy ,
Debtors ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Popular ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks
Trademark licensing disputes can present thorny issues at the intersection of contract and trademark law. And when the dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations...more
In 2015, we wrote about the District of New Hampshire Bankruptcy Court’s decision in In re Tempnology, LLC. That decision was significant because it bucked a recent trend in bankruptcy jurisprudence to permit trademark...more
When two boxing companies sparred before the TTAB, the gloves came off—and that wasn’t only because the dispute concerned a trademark registration for boxing gloves. In Moreno v. Pro Boxing Supplies, Inc., the petitioner,...more
On June 1, China’s new Cybersecurity law took effect. The new law applies not only to domestic Chinese companies but has wide-ranging implications for U.S. and other foreign companies doing business in China....more
On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in...more
On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China (hereinafter referred to as the “CSL”) to become effective on June 1, 2017....more
The United States Court of Appeals for the Second Circuit recently affirmed a magistrate judge’s decision in the District Court for the Eastern District of New York to dismiss a complaint brought under the Truth in Lending...more
The U.S. Court of Appeals for the Third Circuit recently held that a repossession company did not violate the Fair Debt Collection Practices Act (“FDCPA”) when it repossessed the defaulting debtor’s car, even though the loan...more
6/6/2016
/ Cars ,
Collateral ,
Debt Collection ,
Default ,
FDCPA ,
Loans ,
Mens Rea ,
Remand ,
Repossess ,
RICO ,
Summary Judgment ,
Usury
Companies need specific, well-executed plans to meet growing demands of federal and state agencies.
While cybersecurity risks have increased, government regulation has traditionally lagged behind. Recently, some...more
4/21/2016
/ Collaboration ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employee Training ,
Employment Contract ,
Financial Industry Regulatory Authority (FINRA) ,
Hiring & Firing ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Third-Party Service Provider
Earlier this year, in Jesinoski v. Countrywide, the Supreme Court answered an important question regarding the procedure for rescinding a residential mortgage refinance loan under the Truth in Lending Act (“TILA”). Under...more